Press

JamBandit -- The Mobile App That Just Might Save the Music Industry. - Technorati

...A free smartphone app that lets every user play along as if they were studied musicians. - Santa Cruz Sentinel

"The sound of the instruments and the songs are very high quality, and the app is very well designed...A Super App!" - Apps4idevices.com

"Some of the standouts were this thing called JamBandit. It's basically an app that works for your iPad, an iPad app. You play music like Guitar Hero, but you don't have to be good at playing any music. Just like Guitar Hero. You dont even have to have rhythm. It's just like putting your fingers places, and the music is just like playing along. You can then like bend it and move it around like a guitar. But to watch the guy play it, having a god time, and he's not a skilled musician. And then they had one of the moderators use it and he's like ‘this is just fun'. And then there was kind of an emotional moment. He got up there and he was talking about this product that's taken a long time. Lot of people working on it for no money. And he got a little verklempt. Got a little choked up. The person I was sitting with, my buddy Aaron, got a little choked up. I was like, ‘This is a moment.' Then they had a group hug. Awww. Awesome." - TechHive TV

"Everyone in the room would agree, Jambandit woke the audience up with their demo for their iPad app. The app allows everyone to have an "interactive music experience". The company is planning to launch their app for free sometime in the coming weeks. I got to interview them later, and also have Michael Franti ofSpearhead tell me he loved the product. The app contains a ‘composition genome' which keeps the jam in key and controls other musically expressive parameters. It was actually pretty cool. Moderator Josh Constinefrom Techcrunch tried it out and raved about it." - Pop17

"...There is is a certain appeal to its simplicity-- we picked it almost immediately and had some trouble putting it down." - Engadget / AOL

"A fantastic app -- the new JamBandit app for iPad is a great way to enjoy a few hours jamming..." - The Sound Test Room (UK)

Quotes

"I was in the audience at UC Davis for Recombinant's first public presentation, and knew immediately I was witnessing the future of music and digital media." - Carl Nerup, former Senior Vice President, Business Development / Strategic Investments AT&T

"In twenty years of working in artificial intelligence, I have run across nothing more thought-provoking than David Cope's Experiments in Musical Intelligence." - Douglas Hofstadter, Pulitzer-prize winning author, Godel Escher Bach

"If only Beethoven or Chopin could explain their methods as clearly as David Cope. So when Cope's program writes a delightful turn of musical phrase, who is the artist: the composer being emulated, Cope's software, or David Cope himself? Cope offers keen philosophical insights into this question, one that will become increasingly compelling over time. He also provides us with brilliant and unique insights into the intricate structure of humankind's most universal artform." - Ray Kurzweil, author, inventor, futurist, Director of Engineering at Google

Crunch Digital press release

RECOMBINANT SELECTS CRUNCH DIGITAL FOR FULL SERVICE RIGHTS SOLUTION

Crunch Digital to Provide Full Service Rights Solution for JamBandit Music App

JamBandit, a groundbreaking interactive music application, enables expert musical performance from all players, regardless of experience or musical training. JamBandit players can improvise from a wide variety of songs and instruments, then share their performances on Facebook, SoundCloud, or email.

"By putting the fan in the band, we're delivering the ultimate music fantasy while driving more sales to the artists and songwriters who make that experience possible." said Dave Park, CEO of Recombinant. "We are thrilled to be working with Crunch Digital, as they radically simplify the necessary workflow with our growing list of content partners."

"JamBandit exemplifies the innovative kind of business opportunities appearing in the music marketplace," said Keith Bernstein, founder of Crunch Digital. "One of the reasons we started Crunch Digital is to facilitate these specialized music licenses and make dataflow and reporting more efficient between content owners and content users."

About Recombinant

JamBandit is developed by Recombinant Inc, a technology company specializing in music analysis and algorithmic composition. Recombinant systems enable interactive touchscreen and motion sensitive environments in which the player experiences music as a virtual talent. These technologies are derived from UC Santa Cruz Professor Emeritus David Cope's pioneering studies of algorithmic composition. Recombinant's mission is to help artists sell more music by putting the fan in the band.

How come the notes on the screen keep changing?

That's the safety net. Where keys on piano or frets on a guitar always produce a particular note, the magic of the safety net is that only the most appropriate notes are available on any given beat of the song. Depending on the song, you might discover that some notes fit better than others because we've tried to stay very open minded about the many possibilities in music. That's partly what makes it so interesting.

What are all these controls along the edge? Can I change my settings?

Depending on whether you have the free or All Access version of JamBandit, the left edge (or top edge in iPad landscape mode) is where you'll find your song menu and store, tracks, volume, recording, pause and play controls. The All Access version also features a multicolor intensity bar that allows you to control the level of musical sophistication in the safety net. To access settings, touch the gear icon in the menu.

Why can I only record short solos on some songs?

Is there a way for me to play interactively with songs in my iTunes or other music library?

We are thinking about that, and might introduce those kinds of features if we can develop a way to compensate those artists through such a service. Part of the challenge is also technical in that JamBandit mostly uses multitrack files which are different than the standard aac or mp3 files in most music libraries. It's possible a solution could be developed. It's on our mind.

Why all the prompts about using headphones?

When I use multiple fingers at the same time, my iPad goes crazy or freezes up. What is that?

Ah hah! You have encountered Multitasking Gestures on the iPad. Apple created Multitasking Gestures to let people switch between apps and do other stuff with multiple-finger gestures. Unfortunately, when you're rocking out on JamBandit, you can easily activate it by mistake. Not to worry though, most people don't use that feature and it's easy to turn off. Just go to Settings > General > Multitasking Gestures > Toggle OFF.

Why does JamBandit play like the ThumbJam app?

Now that I have All Access, how do I change instruments?

Go to the tracks menu (the guitar icon). Touch the instrument you want to change and swipe to the right. (Here's a short tutorial.) That opens the list of available instruments. You can also add new instruments by selecting Get More.

FAQ for Artists and Rights Holders

What is it?

Why is that important?

Most people are music fans but most music fans are not musicians. By turning music into virtual talent, we deliver the fantasy to the fan while creating new revenue opportunity for artists and rightsholders.

What music do you have?

Recombinant has revenue share agreements with Universal Music Group, Universal Music Publishing, Peermusic, and a number of noteworthy independent artists including Jordan Rudess, Meat Puppets, Slightly Stoopid, Dumpstaphunk, Honor by August, and Stick Men.

What's the business model?

There are a variety of ways to make money, but the core is like an iTunes of interactive. Like iTunes, the app is free and we sell songs inside the app. The difference is, all songs in JamBandit are playable from the very first try. No strings, no frets. Nothing to learn. Just you, the touchscreen, and a magical ability to play music well.

How do artists get paid?

The artist or rights holder sets the price, then sales revenue is split three ways. One third to the master. One third to the publisher. One third to Recombinant. Artists who are 100% self-contained can do very well.

What's your market strategy? How do you promote?

We partner with brands, record labels, and artists and give them a platform to publish interactive music. Our partners create awareness direct to fan, and through contests, promotions, and social media.

What's the goal?

I'm an independent artist with music I think would be great for the JamBandit music store. Is there a way to sign up or get involved?

Our policy here has evolved a bit. The short answer is maybe. Our greatest goal is to help all artists sell more music to their fans, but the reality is we need a certain sales volume in order to keep the service profitable.

If you have an established fanbase with thousands of people following you, and are seriously committed to marketing interactive versions of your music to them, email us (featured [at] jambandit [dot] com) a link (no attachments or MP3's please) -or- post a clip on the JamBandit Facebook page.

We're also looking for great versions of public domain music as well.

Are you hiring?

We are always looking for talented engineers, designers, developers, and others who can help. If you would walk through fire to make the world a better place and can help us put the fan in the band, please email us (jobs [at] recombinantinc [dot] com) and tell us how.

Have other questions?

About JamBandit and Recombinant:

JamBandit is developed by Recombinant Inc, a music technology company developing interactive environments that put the fan in the band. Recombinant is the commercial extension of UCSC Professor Emeritus David Cope's pioneering studies of algorithmic composition.

Recombinant has revenue share agreements with Universal Music Group, Universal Music Publishing, Peermusic, and a number of noteworthy independent artists including Jordan Rudess, Meat Puppets, Slightly Stoopid, Dumpstaphunk, Honor by August, and Stick Men.

We have a partnership with Gracenote, the world's leading provider of digital media ID systems and metadata. We have a joint venture with Creativity USA, a leading provider of music and sound to topline toy brands worldwide. We also have a partnership with Ground(ctrl), a digital agency handling web design, social media, VIP packages, direct ticketing, and fanbase mgmt for more than 200 major artists including The Eagles, Fleetwood Mac, Linkin Park, and Taylor Swift.

Privacy Policy

Support

This policy is effective as of November 29, 2011, and reflects only non-material changes and clarifications from the previous version.

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. these include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

This Privacy Policy, effective November 29, 2011, is designed to help you, the user, understand how Ground(ctrl)™ ("us", "we", or "our") collects and then uses the personal information you provide us when signing up as a new "member." We do this so you can make informed decisions both when deciding whether to become a member and when using this service.

By accessing and/or using this web site, you are (1) becoming a member of the Ground(ctrl)™ social networking community (the "network") and (2) accepting the practices described in this Privacy Policy.

We would like to thank you for becoming a member of the network—a network that takes each member's privacy rights seriously. If you have any questions concerning the network's Privacy Policy, please contact us at the mailing address, telephone number, or email address at the end of this page.

About ground(ctrl)™

Ground(ctrl)™, as a third-party administrator, maintains and administers the network and this web site. The intent of this web site, and other similar sites maintained and administered by us, is to create a social networking community wherein members can communicate with each other as well as interact with and promote their favorite musicians' careers.

To enhance each member's social networking experience, we request and display personal information to other members and visitors. This information is necessary to allow members to identify each other, expand their network of friends, promote each member's favorite musicians through contests and other incentives, and to repay members for their interaction with the network through contests and prizes.

The Information We Collect

When you visit this web site, you provide us with three types of information:

Web site information collected by us through your interaction with this web site;

Personal information you knowingly and voluntarily disclose to us when signing up as a member and through the continued use of this service; and

Personal information you knowingly and voluntarily disclose to use when using this service.

First, when you or any member signs on to this service, we collect your IP address, your browser type, and certain information from your browser using "cookies". A cookie is a piece of data stored on a computer that is tied to information about the user. You can easily remove or block this cookie using the settings in your browser if you wish to disable this feature. To confirm that you are logged into the service, we use session ID cookies that immediately terminate once you close your browser.

Second, when signing up as a member to this web site, and during membership, we collect several pieces of personal information to enhance the network. This information includes the following:

Your first and last name

For the purpose of addressing you personally

Your email address and encrypted password

To provide you with access to your personal account, and to send notifications about activity on the website

Street address, city, state, postal code, country

To verify billing information for orders you place on the website and/or ship merchandise to you

Your location

So you may optionally share your geographic location with other members of the website

Birth date

So that you may optionally share your age with other members of the website

AIM, Yahoo screen name, Jabber, ICQ screen names

So that you may optionally share your instant message information with other users of the site

Flickr user id and Twitter user name

So that you may optionally display recent photos and twitter posts on your profile page

Links to your third-party sites

So that you may optionally share favorite or other personal websites with other members of the site

An avatar image

So that you may optionally provide a visual representation of yourself next to items you publish on the site

We will not collect any more any information that is necessary for you to participate in the Ground(ctrl)™ social networking community.

Third, when using this service, you may change your member profile, send messages to other members, receive messages from other members, form relationships, view photos, share photos, post blog comments, post links to other web sites (including web sites not controlled by ground(ctrl)™), transmit information through various channels, participate in musician campaigns, earn points toward promotional items, and redeem those points for promotional items (collectively the "User Content").

Children's Online Privacy Protection Act Of 1998

This privacy policy is provided in conformity with the Children's Online Privacy Protection Act of 1998 ("COPPA"). COPPA requires that we notify parents and legal guardians and obtain consent from parents and legal guardians before we collect, use and/or disclose personal information from children under thirteen (13) years of age.

If parents or legal guardians have any questions regarding their child's use of this web site, they may contact the operator of this website at the following address, phone number or email:

The personal information we collect from children under thirteen (13) years of age, and the manner in which we use such information, is identical to the collection and use of any other member's information. Please refer to sections entitled "The Information We Collect" and "How We Use the Information" for a detailed discussion of how we collect and use personal information from all members, including children under thirteen (13).
As a means of verifying parental consent, we may require that verification be given to us in one of two ways. First, we may require permission by email from what we are told is the parent's email address. Thereafter, we will respond to that email address to verify that we have received such permission. Second, we may require that the parent consent by providing us with their full name, a valid credit card number and an expiration date. We will not charge your credit card. We will merely use the information to confirm your consent and once verification is or is not made, we will immediately destroy such information.

We do not require any additional information from children under thirteen (13) other than the minimum amount of information we need in order for the child to participate. Parents may review the personal information we collect on that parent's child by mailing a request to us at the operator address listed above. The parent, after reviewing such information from us, may have it deleted and/or refuse to allow further collection by sending us an email using the password sent with the physical file that we mail to you. The parent also has the option to agree to the collection and use of the child's information without consenting to the disclosure of the information to third parties.

Correcting, Updating or Removing Your Information

At any time, members can correct, update, or remove any of their personal information by logging into their account and accessing the "Edit Profile" feature.

How We Use the Information

We collect the personal information listed above so that we can provide you with personalized features and an enhanced and efficient web site experience. We usually retain this information so you can, for example, view messages you have already read or check campaign dates you are already aware of. You understand and acknowledge that copies of your User Content may remain viewable in cached and/or archived pages or if other members have copied and/or stored your User Content, even after your information has been removed.

When you sign up as a member to the network, you create your own profile. Your profile information, including your name and your photo are displayed to other members in the network so that you may interact and communicate with them. On occasion, we may use your name and email address to send you notifications about the network's new services, promotional items, merchandise, band news, and transactions involving your accumulated points. Generally, you may opt out of such emails by clicking on the "unsubscribe" link in the email. However, the network expressly reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

Without identifying you as an individual, the network may provide third parties with information contained in your profile for data gathering purposes (ex: gathering data on how many members like both band A and band B so that personalized advertisements, promotions, etc. can be sent to those particular members). We believe that this information gathering allows each member to get the most out of the network's benefits—e.g., the distribution of band information that, based on your profile, matters to you.

Sharing Your Information with Third Parties

This web site is about sharing information with others of your choosing, and a limited number of third parties, to enhance each member's promotional and informational-sharing experience. Except as otherwise described in this Privacy Policy, the network does not disclose personal information to any third party unless the network believes that disclosure is necessary to:

Enforce the network's Terms and Conditions of Use Agreement;

Protect the network's rights;

Coincide with legal requirements (ex: responding to a subpoena, search warrant, or any other legal process served upon Ground(ctrl)™). We will not reveal information until we have a good faith belief that the law enforcement information and/or private litigant request meets the applicable legal standards;

The network may provide services jointly with other companies and we may share customer information with that company in connection with your use of that service.

Your name, network names, and profile picture thumbnail will be available in search results across the network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you that allows access based on the privacy settings.

Ground(ctrl)™ expressly reserves the right to transfer personal information to a successor in interest that acquires the rights to that information as a result of the sale of Ground(ctrl)™, or the sale of a substantial portion of its assets to that successor in interest.

Third-Party Advertising

Advertising may appear on this web site and may be delivered to members by one of our web advertising partners. Those web advertising partners may download cookies to your computer that allow the ad server to recognize your computer each time they send you an online advertisement. The web advertising partners may also use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. As a consequence, ad servers may compile information about where you, or others using your computer, saw their advertisements and determine which ads you, or others using your computer, clicked on. The purpose of this information is to allow an ad network to deliver targeted advertisements that they believe will interest you. This privacy policy covers the use of cookies by our network only and does not cover the use of cookies by any third-party advertiser.

Comments, Blogs, Messages, and Links

Please be aware that whenever you voluntarily post any information as a comment, blog, message, link, photo, video, and/or other information, that information can be accessed by the public and can then be used by those people to send you unsolicited communications. Additionally, if you post a link to your network web site on any third party site, your public profile will be viewable by any third party that clicks on your link.

If you do not wish to have your public profile viewable to any third party, you should not post links to your network web site on third party sites.

This web site may contain links to other sites, including links posted by you or other members. We are not responsible for the privacy practices of other web sites. As such, we encourage our members to read the privacy statements of each and every web site they visit after clicking on these third-party links. This Privacy Policy applies solely to the information collected in the use of our network and this web site.

Security

Each member's account is secured by a member-created password. The network employs reasonable measures to protect member information that is stored within our database, and we restrict the access to member information only to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.

Note: We cannot guarantee the security of each member's account information as unauthorized entry or use, software or hardware failure, and other uncontrollable factors may compromise the security of each member's personal information at any time. The network does, however, consider security of each member's personal information a priority and we take reasonable security steps to protect that information.

Disclaimer of Liability for Unauthorized Viewing of Personal Information

You post User Content, as described above, on this web site at your own risk. Despite our reasonable efforts to keep your User Content inaccessible to those not authorized to view it, be aware that no perfect security measure(s) exist to insure impenetrability. Additionally, we cannot control the actions of other members that you may choose to share your page and User Content with. We are not responsible for the circumvention of any privacy settings or security measures contained in this web site. Consequently, we cannot and do not guarantee that the User Content you provide and/or post on this web site will not be viewed by unauthorized individuals.

Changes in the Privacy Policy'S Terms of Use, Notices and Revisions

We may change this privacy policy from time to time. We reserve the right to change our Privacy Policy and our Terms of Use Agreement at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we do make changes, we will post those changes and indicate at the top of this page the Privacy Policy's new effective date.

Through this process, members will always be aware of what information we collect, how we use it, and who we may disclose it to. Each member is bound by any change to this Privacy Policy if he or she uses the site after said changes have been posted. If, however, we change this Privacy Policy so that we are using personal information in a manner materially different from the manner as stated at the time of collection, we will notify the members here, by email, or through notice on our home page.

Your use of this web site and our network, and any disputes arising from it, is subject to this Privacy Policy and our Terms of Use Agreement and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We strongly encourage you to refer to this Policy on an ongoing basis so that you understand the most current Privacy Policy terms. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

European Commission's Directive on Data Protection - Safe Harbor

We adhere to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission's Directive on Data Protection.

For more information on the Safe Harbor framework, visit the Department of Commerce's website located at http://export.gov/safeharbor/.

Your California Privacy Rights

Under the California Civil Code, residents of the State of California who have provided any personally-identifiable information to us have the right to request a list of all third parties to whom we have disclosed personally-identifiable information during the preceding year for direct marketing purposes. If you are a California resident and wish to make such a request, please send an email privacy@groundctrl.com or contact us at the address below.

Contacting This Web Site

If you have any questions regarding this Privacy Policy, the practices of this web site, or your dealings with this web site, please contact us at the following mailing address, phone number, or email address:

Terms

Effective Date: October 1st, 2012

THE FOLLOWING TERMS OF USE ("TOU") SET FORTH THE BASIC RULES THAT GOVERN YOUR USE OF THIS WEB SITE, SOFTWARE, TECHNOLOGY, AND AFFILIATED APPLICATIONS ("WEB SITE"). PLEASE READ THESE TOU CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED IN THESE TOU AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

Recombinant Inc. has created these TOU to describe the terms and conditions for your access to this Web Site.

Please note that when you access other websites from links on this Web Site, those websites may have different terms of use specific to those websites. We encourage you to read all related terms and conditions for each website you visit because they will be different from this Web Site, and may pose different conditions regarding your access and use.

Introduction.

Your use of this Web Site constitutes your knowledge, understanding, and acceptance of these TOU, and your agreement to be bound by these TOU. Recombinant may change, edit, modify, delete, revise, or update these TOU from time to time without notice, and your use of this Web Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Web Site constitutes your agreement to comply with the posted TOU.

Trademarks.

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Web Site are the registered and/or unregistered Trademarks of Recombinant and its third-party licensors, business partners, or such other third party that may own the displayed Trademarks. Nothing contained on this Web Site or in these TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Web Site without the written permission of Recombinant or its third-party licensors, or such third party (as applicable) that may own the displayed Trademarks.

Web Site Contents and Copyright.

The text, Trademarks, logos, images, graphics, photos, music, video files, application functionality, or any other digital media, and their arrangement on this Web Site ("Content") are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted without the express written consent of Recombinant. Access to and use of this Web Site is solely for your personal use, information, education, entertainment, and enlightenment. You may download, copy or print the Content of this Web Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Web Site is transferred to you as a result of any downloading, copying, printing or use of this Web Site.

User Comments and Other Submissions.

While Recombinant desires to receive feedback from its visitors, please do not send Recombinant any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like ("Submission(s)"). Recombinant is under no obligation to use or compensate you for your Submissions. Recombinant will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.

License to Use Submissions.

By submitting items to this Web Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information, to the Submissions that you submit. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you make a Submission to this Web Site, you automatically grant Recombinant a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Recombinant to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission.

No Endorsement or Liability for User-Generated or Third-Party Content.

Although third-party or user-generated Submissions may be posted on this Web Site, the posting of those Submissions does not constitute Recombinant's endorsement of those Submissions. Similarly, although third-party products and services may be sold or purchased via operation of this Web Site, the sale and purchase of those products and services does not constitute Recombinant's endorsement of the same. Recombinant is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions and products and services.

Third-Party Links.

Third-party links on this Web Site may direct you to third-party websites that are not affiliated with or controlled by Recombinant that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country's regulatory or product safety requirements. Some of these third-party websites may offer sweepstakes and contests that will be governed by separate terms and conditions. Recombinant is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions ("Third-Party Products") made in connection with this Web Site and any third-party websites. Please review carefully the third party's policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

Copyrights and Digital Millennium Copyright Agents.

Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Web Site. Our copyright agent is Recombinant's Intellectual Property Counsel. The agent can be reached by email here.

DMCA Infringement Notification.

To be effective, your infringement notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and

The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

Recombinant will remove or disable access to the content that is alleged to be infringing;

Recombinant will forward the written notification to the alleged infringer; and

Recombinant will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification.

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Recombinant, the alleged infringer will have the opportunity to respond to Recombinant with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to Recombinant's designated copyright agent, and must include the following:

A physical or electronic signature of the subscriber;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

The following statement: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and

The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber's address is located, or if the subscriber's address is outside of the United States, any judicial district in which Recombinant may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent's receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

Prohibited Uses.

In addition to other prohibitions as set forth in these TOU, you are prohibited from using the Web Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, malign, impair, injur, denigrate, infringe upon or violate our intellectual property rights, or the intellectual property, material, or privacy rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Web Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape this Web Site; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Web Site, other websites, or the Internet. We reserve the right to terminate your use of the Web Site for violating any of the prohibited uses.

Registration, Accounts and Passwords.

In order to participate in certain areas of our Web Site, you may need to register for an account. If you are required to register for an account, You agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Web Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

You are responsible for all direct or indirect damages and liable for all activity conducted on this Web Site that can be linked or traced back to your username or password.

Web Site Updates.

Recombinant undertakes no obligation to update, amend or clarify information on this Web Site, including, without limitation, pricing or product information, except as required by law. No specified update or refresh date applied on this Web Site should be taken to indicate that all information on the Web Site has been modified or updated. Please remember when reviewing information on this Web Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Web Site to become inaccurate or incomplete.

On occasion, information on this Web Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, product descriptions, or product shipping charges and transit times. Recombinant reserves the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Web Site is inaccurate.

Limitations on Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE: (1) THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE; AND (3) THAT RECOMBINANT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF RECOMBINANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RECOMBINANT'S, ITS AFFILIATES', AGENTS', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEB SITE EXCEED FIFTY ($50) DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RECOMBINANT, ITS AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Disclaimer.

THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." RECOMBINANT MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS WEB SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE WEB SITE, AND RECOMBINANT MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEB SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO RECOMBINANT EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; RECOMBINANT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

RECOMBINANT RESERVES THE RIGHT TO ALTER OR REMOVE WEB SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND RECOMBINANT WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY AND HOLD RECOMBINANT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEB SITE OR BREACH OF THESE TOU.

Termination.

The TOU will remain in effect until you notify us that you no longer wish to use the Web Site, or you cease using the Web Site. Notwithstanding anything in this TOU to the contrary, the parties understand and agree that all terms and conditions of these TOU that may require continued performance, compliance, or effect beyond the termination date of this TOU will survive termination of these TOU and will be enforceable by the parties. Recombinant may also terminate these TOU at any time and may do so immediately without notice, and accordingly deny you access to this Web Site, if in Recombinant's sole discretion, you fail to comply with any term or provision of these TOU. Upon any termination of these TOU by either you or Recombinant, you must promptly destroy all materials downloaded or otherwise obtained from this Web Site, as well as copies of such materials, whether made under these TOU or otherwise.

Choice of Law and Forum; Consent to Electronic Communications.

These TOU will be governed and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Web Site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Sacramento, California.

Notice.

When you visit this Web Site or send e-mails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may e-mail notices to us here.

No other Agreements.

By agreeing to these TOU, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction, or that you are the age of majority in your state of residence or geopolitical jurisdiction. The provisions and conditions of these TOU constitute the entire agreement between you and Recombinant related to the use of the Web Site and supersedes any prior agreements or understandings not incorporated in these TOU. These TOU are effective as of the Effective Date. Continued use of the Web Site by you after the Effective Date constitutes your acceptance of these TOU.

Should you have any questions concerning these TOU, or if you desire to contact Recombinant for any reason, please contact us here.

CHI 62,470,290v1 6-18-12/Rev. KM 20120911/Rev. DP 20120918, 20120927

Under the California Civil Code, residents of the State of California who have provided any personally-identifiable information to us have the right to request a list of all third parties to whom we have disclosed personally-identifiable information during the preceding year for direct marketing purposes. If you are a California resident and wish to make such a request, please send an email privacy@groundctrl.com or contact us at the address below.

Contacting This Web Site

If you have any questions regarding this Privacy Policy, the practices of this web site, or your dealings with this web site, please contact us at the following mailing address, phone number, or email address: